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First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson

Loaded on Nov. 15, 2020 by Douglas Ankney published in Criminal Legal News December, 2020, page 10
Filed under: U.S. Sentencing Guidelines. Location: United States of America.

by Douglas Ankney

Bucking the trend among the majority of federal circuits, the U.S. Court of Appeals for the First Circuit announced that the residual clause of U.S. Sentencing Guidelines (“U.S.S.G.” or “Guidelines”) § 4B1.2(a)(2) – when applied prior to United States v. Booker, 543 U.S. 220 (2005) – ...

 

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More from this issue:

  1. North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent, by Douglas Ankney
  2. Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19, by Jean Trounstine
  3. Federal Habeas Corpus: Time Limits for Filing, by Dale Chappell
  4. First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson, by Douglas Ankney
  5. Why Coroners Often Blame Police Killings on a Made-Up Medical Condition, by Samantha Michaels
  6. Cincinnati Police Department Agrees to Audit of Its DNA Database, by Douglas Ankney
  7. Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations, by Dale Chappell
  8. Time to Curb Police Unions, by Bill Barton
  9. Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury, by Douglas Ankney
  10. Eighth Circuit Vacates Sentence After District Judge 
Interfered With Plea Negotiations and Made Disparaging 
Remarks About Federal Judiciary, by Douglas Ankney
  11. Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, by Anthony Accurso
  12. California Court of Appeal Reverses Murder Conviction Because Superior Court Erred by Allowing Deceased’s Out-of-Court Statements Into Evidence, by Douglas Ankney
  13. From the Editors
  14. New Report Shows More Than Half of Wrongful Convictions Involved Misconduct by Police and Prosecutors, by Dale Chappell
  15. Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement, by Matthew Clarke
  16. Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa, by Douglas Ankney
  17. Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence
  18. Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing, by Anthony Accurso
  19. Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop, by Anthony Accurso
  20. Sixth Circuit Vacates First Step Act 
Resentencing Denial Where Court Failed 
to Consider Post-Sentencing Conduct, by Anthony Accurso
  21. Federal Judges Beginning to Reject Geofence Warrants, by Anthony Accurso
  22. Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status, by Anthony Accurso
  23. Fifth Circuit: Safety Valve Isn’t Up to the Government, by Dale Chappell
  24. Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant, by Anthony Accurso
  25. Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing, by David M. Reutter
  26. New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases, by Douglas Ankney
  27. Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy, by Douglas Ankney
  28. Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors, by Dale Chappell
  29. Kansas Supreme Court Reverses Conviction Where Trial Court Refused to Give Self-Defense Instruction, by Douglas Ankney
  30. Ninth Circuit: California Conviction Under § 261.5(c) Not Predicate Offense For § 2252(b)(1) Enhancement, by Anthony Accurso
  31. COVID-19 Has Profound Effect on Breadth and Scope of Law Enforcement Agencies, by Michael Fortino, Ph.D
  32. Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense, by Douglas Ankney
  33. Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings, by Anthony Accurso
  34. Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D), by Dale Chappell
  35. Colorado Supreme Court Holds Successfully Completed Deferred Judgment Does Not Count as Conviction Barring Relief From Sex Offender Registration, by Matthew Clarke
  36. $12 Million Settlement Against Louisville, Kentucky, by Edward Lyon
  37. Review Board Has No Power Over NYPD, by Kevin Bliss
  38. Shielding Police Identities: A Law That Cuts Both Ways, by Michael Fortino, Ph.D
  39. Exodus of a Baker’s Dozen, by Edward Lyon
  40. PBA Cards and the Problem with Police Discretion, by Jayson Hawkins
  41. Proliferation of Police Drones Feeds Big Brother’s Need for Big Data, by Anthony Accurso
  42. For-Profit Lexipol Takes Over Writing Departmental Policy for Public Safety, by Kevin Bliss
  43. Thirty-Fourth Conviction Based on Bite Mark Forensics Overturned, by Kevin Bliss
  44. Guilt by Google, by Jayson Hawkins
  45. Technology and Police Reform, by Anthony Accurso
  46. Would the Real Officer Friendly Please Stand Up?, by Casey Bastian
  47. Government Enforcers Are Still Cops, by Jayson Hawkins
  48. News in Brief

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